👉The table of contents so far is here.
Chapter 8: Specifics of the Organization of the World Commonwealth - Part 2
8.5. Institutions for the protection of human rights
Basic human rights must be guaranteed on a global scale as universal rights that apply to all people on Earth, but the transcendental concept of national sovereignty has been an obstacle to this. In this respect, the World Commonwealth will be freed from the national sovereignty thesis and will also be freed from the barriers to global human rights protection.
The Board of Human Rights Review and Enforcement will be established in the World Commonwealth as a judicial body. In this regard, it would be worth considering establishing an institution in the form of a human rights court, but the protection of human rights in the World Commonwealth will not be limited to the judicial resolution of specific cases, but will include correcting the enforcement of laws in each Zone in light of the World Commonwealth Charter and other human rights treaties (world law), so the World Commonwealth will adopt the form of a review and enforcement board.
In principle, cases of human rights violations are first examined and resolved by a judicial body in the Zone to which the person whose human rights have been violated belongs, but if the matter cannot be resolved there or there is little possibility of resolution, the person may directly bring the matter to the World Commonwealth.
The Board of Human Rights Review and Enforcement examines cases it receives in light of the World Commonwealth Charter and can suspend any acts that violate the Charter. For example, if a law in Zone A violates the World Commonwealth Charter, the Human Rights Inspection Board can suspend the enforcement of that law.
In that respect, the Board is similar to an unconstitutionality review body, but its focus is not on constitutionality review itself, but rather on the suspension of specific acts of human rights violation. The Board can also invalidate the enforcement of laws and regulations that violate treaties other than the Charter in the Zone.
Furthermore, if a human rights violation constitutes a crime against humanity, the Board will set up The Special Humanitarian Court based on its decision, and this court will try the crime against humanity. Unlike the Board, this court will conduct its hearings in the form of a criminal trial.
Defendants found guilty by this court will be sentenced to either lethal measure or lifelong hard labor in a remote area, depending on the charges. These measures are not criminal punishments, but are eradication measures aimed at preventing the recurrence of crimes against humanity by the remnants of anti-humanity crime groups. However, it is not denied that the merits of lethal measure may be subject to debate.
👉The papers published on this blog are meant to expand upon my On Communism.
